Because there are patients in the family who are in urgent need of money, Xiao Wang not only borrows money and loans from friends, but also overdraws his credit card.
Later, when he paid back the money, Xiao Wang sold his house because he really didn't have cash in his hand. However, after returning the money from selling the house to his friends, he found that the remaining money was not enough to pay back the credit card and online loan at the same time. So he hesitated to pay which one first.
In view of this problem, let's listen to the lawyer's opinion
First of all, let's compare the consequences of credit card and online loan failure.
Credit card, if you don't repay, we will face the penalty result:
? Punishment of credit information system
? Civil prosecution
? criminal offence
Online loan, if it is not returned, we will face the penalty result:
? Harassment, violent collection (informal online lending) and other unconventional ways.
? Civil prosecution (formal online loan)
Specifically, the consequences of credit cards may be more serious.
Secondly, let's compare their respective interests.
The interest on credit cards will be higher than that on ordinary deposits. In addition, we have to bear compound interest, late fees and so on. But no matter how high the interest rate is, it will be within the scope permitted by law.
Anyone who may have borrowed online loans knows that formal online loans are okay and informal online loans are horribly high. If you borrow thousands of dollars, you may need to pay back tens of thousands of dollars, and its interest rate is likely to exceed the interest rate stipulated by law by n times.
From this perspective, online lending is not more terrible!
Although it is tied for the time being, it still depends on these two points:
1. How much is the credit card owed and how long will it take to be criminally liable?
According to the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, if the amount of malicious show money is more than 50,000 yuan, and the card issuer fails to return it after twice effective collection for more than 3 months, it meets the conditions for filing the crime of credit card fraud.
Note: Taking criminal responsibility does not mean that this debt need not be repaid. Because criminal responsibility can't exempt debt, but after you come out, you still have to pay back the money.
2. Does the non-repayment of online loans constitute criminal responsibility?
Under normal circumstances, the loan contract reached on the online lending platform belongs to the category of private lending and is subject to civil law adjustment. If it is not repaid, the platform can only investigate the debtor's liability for breach of contract according to the contract and is not bound by criminal law.
There is a saying in the criminal law called "no crime without express stipulation", which embodies the principle of a legally prescribed punishment for a crime in the criminal law. Therefore, online lending is only a civil contractual relationship. If you don't repay, you will bear civil liability for breach of contract and not criminal liability.
In that case, if we owe loans to both credit cards and online lending platforms, we must try our best to pay them back. If the repayment ability is really limited, then credit card arrears will be given priority.
Of course, there is another problem here. For irregular online loans, you should also keep good evidence and complain or sue in time, otherwise your arrears will not only be rolled up, but also be collected.